VARIAN ARABIANS. THIS BOARDING AND/OR TRAINING CONTRACT is made. Address: City: State: Zip: Contact phone: Fax: Horse Name: Registration #:

Transcription

1 VARIAN ARABIANS BOARDING AND/OR TRAINING CONTRACT THIS BOARDING AND/OR TRAINING CONTRACT is made (hereinafter known as VA ), and by and between Varian Arabians NAME (hereinafter referred to as CLIENT ): Address: City: State: Zip: Contact phone: Fax: AHA Memb. #: HORSE INFORMATION: Horse Name: Registration #: Horse s date of birth: Breed: Sire: Dam: Horse s expected arrival date: CREDIT INFORMATION & METHOD OF PAYMENT: METHOD OF PAYMENT: Board and/or training charges will be paid by: Credit/Debit card Check I would like my monthly charges automatically charged to my credit/debit card I would like to be billed monthly and will make check CREDIT/CHECK CARD ACCOUNT INFORMATION AND AUTHORIZATION: VISA / MC - Account number Expiration date 3 digit code on back Name on credit card Signature I. GENERAL INFORMATION Boarding and/or Training Contract Page 1

2 Client s Veterinarian: Phone: Address: City: State: Zip: Is your horse and/or unborn foal covered by insurance?. If yes, complete insurance section below. Insurance Company Phone # Policy # Amount of coverage Please describe the type of policy (ie. full mortality, surgical, etc.) II. OWNERSHIP Client to initial one of the following to indicate ownership of Mare: Client has full title & registration of horse. Please provide copy of registration papers with this contract. Client is leasing the horse. Copy of lease agreement MUST be provided to VA with this Contract. Client is purchasing the horse. Registration and full title are currently held by: Horse Owner s Name: Address: City: State: Zip: Contact phone: III. TYPE OF SERVICE Client hereby contracts with Varian Arabians to provide the following service(s) during the year of 2015: Boarding only Boarding and Training Other: 30 day initial period IV. FEE SCHEDULE A. Training Fee: $31.00/day, which includes board, daily exercise program, grooming and conditioning daily supplements, plus optional halter and/or performance under saddle training. B. Halter breaking/weanling: $ C. Board: Horse: $15/day pasture; $17/day paddock Foal: $3/day pasture or paddock; weaned foals, or foals over 5 months of age will be billed as a mature horse BOARD TRAINING RATES APPLY IF OWNER HAS 2 OR MORE HORSES WITH VARIAN ARABIANS SEE ANGELA FOR MORE INFORMATION ON THIS SERVICE. D. Foaling: $ F. Other Charges: 1. Photographic/Video Preparation and handling fee: $75.00 for each. (in hand halter/loose or under saddle shots. Photographer fee $ Body clipping: $ Seller's Agent Fee: 15% of sale price, payable at time of completed sale. V. HEALTH STATUS UPON ARRIVAL Boarding and/or Training Contract Page 2

3 The horse shall be in a healthy, injury free and normal (breeding) condition, free from infectious, contagious or transmissible diseases. A current negative Coggins test (for out-of-state horses) and an up-to-date record of health, worming and immunizations must accompany Horse. If records are absent or not up-to-date, your horse will be vaccinated and wormed within 24 hours post-arrival at VA. VA does not warrant that any vaccinations will provide the anticipated immunity, and shall not be responsible for its failure to do so. VA reserves the right to refuse Horse and/or Foal if not in satisfactory condition and/or health. However, acceptance of Horse will not in any way cause VA to become liable for condition or treatment of said horse. CURRENT HEALTH RECORD Please give dates of Horse s last annual booster, or all dates of series, if applicable Influenza* Tetanus Toxoid* Rabies* Enceph* Rhino* Strangles* Booster Series West Nile Virus Neg. Coggins Accession # Date last wormed* Wormer Used Paste Frequency of deworming *The starred items are required for admission to VA. Any of the requirements not fulfilled will be performed immediately upon arrival - at owner's expense. To your knowledge, has your Horse ever had an allergic reaction to: vaccination ; de-worming ; antibiotics ; other If so, please explain (include dates and drugs used in treatment) Your Horse and/or foal will be included in our hoof-care program; i.e. trimming all around every 8 weeks for horse and every 4-6 weeks for Foal. Indicate the most recent date of your farrier's services for your: Horse: Foal:. The cost of farrier services is $ Describe your Horse s attitude (i.e. aggressive, submissive): In the field with other horses With humans Toward other horses with a new foal at her side Does your Horse stand tied? Is your Horse hard to catch when turned out? Does (s)he have any "vices"? cribbing weaving pawing kicking other: Is (s)he accustomed to being kept in a stall? Has your Horse ever colicked? If so, please give date(s) Frequency Causes Treatment and medications used Has your Horse ever been, or is she now, under treatment for laminitis or founder? If so, describe the treatment, medication and feeding program: Were X-rays taken? Does the Horse require special shoes? If so, what kind? Boarding and/or Training Contract Page 3

4 Is your Horse currently on ANY medications? If so, what kind and for what reason? List name, address & phone # of attending veterinarian for the above conditions (if different from the veterinarian listed earlier) Attending Veterinarian: Phone: Address: City: State: Zip: VI. FOR MARES COMIING TO VA TO FOAL (BOARDING) Please indicate last breeding date: due to foal: Name of stallion to whom mare is in foal Has the mare been under lights? Date lighting began: Has she received any of the following medications this year? Regumate: GnRH: HCG: Prostaglandins: Other (list dates & dosages): Has the mare been sutured (Caslicked)? Has the mare ever aborted? At approximately how many days? year(s) List cause(s) if known Has the mare been shown or been in other stressful competition within the last six months? To your knowledge, has she ever been treated with corticosteroids or anabolic steroids? If so, list dates and types: Has the mare ever sustained a vaginal injury during breeding or foaling? (if yes, give date(s) & type(s) of injury(ies): Do you consider this mare a "problem mare"? Yes: No: Why: VII. DURATION OF HORSE'S STAY AT VA VIII. PAYMENT AGREEMENT Client agrees to pay any and all VA invoices for board and care specified in this contract upon receipt. Client must provide VA with a credit/check card to guarantee their financial obligations with VA. If a client does not pay a statement in full within 30 days from the date of said statement, it is understood by and between the parties hereto that VA necessarily suffers damage as a result of such nonpayment, particularly since VA is obligated to pay its suppliers, staff and contractors regardless of nonpayment by the client. It is therefore agreed that VA shall each month charge, and the client shall be obligated to pay, the amount of $10.00 per day on any unpaid balance outstanding on a statement for more than 30 days as liquidated damages, and not as a penalty or interest on the unpaid balance. The foregoing shall not be considered an extension of credit or an agreement for the forbearance of any amounts due to VA. Clients whose payments are in excess of 30 days past due shall also be in breach of contract, and VA reserves the right to charge Client s credit/check card without notice for any outstanding amounts in order to bring the account current. Upon said breach of contract by Client, VA shall cease all further services, and retain all funds received to date as liquidated damages. Said damages can include costs of collection, bookkeeping, lost interest, and such other damages. Initials IX. RELEASE OF LIABILITY Boarding and/or Training Contract Page 4

5 Client fully understands, authorizes and assumes the special risks inherent in conditioning, breeding, and transporting horses and acknowledges that mortality and other insurance is solely Client's responsibility. All implied warranties, including fitness, marketability or otherwise, and all special, incidental and consequential damages are hereby excluded, to the full extent permitted by law. In no event shall Client's remedy exceed the amount of the fee paid for the service complained of. Client agrees to indemnify and hold VA harmless from any claim by a buyer of the horse, and agrees to pay all expenses and attorney's fees incurred by VA's defending such claims. VA and its subsidiaries, affiliates, agents, servants and employees shall not be liable for any sickness, disease, estray, theft, death or injury that may be suffered by the Horse while in VA's custody, nor for any other loss, damages or injury arising out of or connected with breeding, boarding, conditioning, training or other services pursuant to this Contract, except as required by law. VA shall also not be liable for any personal injury or disability which the client or his agents, representatives or family may receive while on VA's premises, except as required by law. Upon commencement of loading of the horse for shipment from VA, Client assumes all responsibility and releases VA from any responsibility or liability for the horse's health. soundness, breeding condition, transportation or care while in transit from VA to Client. With regard to any horse to be transported by VA outside of VA's premises, client fully understands and acknowledges the substantial risks inherent in both the transportation of client's horse(s) and stabling thereof at outside facilities, and client fully understands and acknowledges that VA shall have no responsibility to carry client's horses on any public liability, accidental injury, theft or equine mortality insurance policy, whether on or off of the premises of VA, and insurance coverage for horses transported outside of VA's premises shall be the sole responsibility of client. All risks connected with the transportation & stabling of client's horse(s) shall be solely those of the client from the time client's horse leaves the premises of VA until said horse is returned. Client agrees to indemnify and hold VA harmless from any claim brought as a result of the transportation and stabling of the client's horse(s) and agrees to pay all expenses and attorney's fees incurred by VA in defending such claims. X. STANDARD OF CARE VA will exercise judgement consistent with ordinary standards of care and supervision of Horse and/or foal. VA's veterinarian will examine Horse, and in the event of illness or injury, VA will attempt to contact Client, but in any event, VA is authorized to obtain any extreme emergency veterinary care at Client s expense. VA s veterinarian will administer medical care as deemed necessary for the health and safety of said Horse. Client will pay VA any health care, farrier and veterinary expenses incurred while Horse is at VA. Client grants VA full discretion in securing veterinary or farrier services as necessary and will hold VA harmless for results of the services. In the event of an injury, Client will be notified immediately, and as a result, the boarding charges will change to paddock board until the Horse is returned to the pasture. XI. RELEASE OF HORSE Client agrees that all outstanding balances due for board, conditioning, training, breeding, veterinary care, farrier work and all other fees, charges and expenses pursuant to this contract shall be paid prior to VA's release of the Horse. Client also agrees to pay any and all outside veterinarian/farrier charges prior to removing Horse from VA. XII. COMMISSION VA is not required to put Client s Horse in a VA sale activity. Should said Horse being boarded and/or trained at VA be sold while in the care and custody of VA, it is agreed between the parties that a commission of 15% will be paid to VA from the proceeds of said sale. Said commission is to be paid to VA at the time of purchase. VA is not responsible for buyer's default and there is no guarantee on the part of VA of sale of said Horse, regardless of price or length of Horse's stay with VA. XIII. LIEN Client grants VA a lien upon and security interest in the Horse, any foal in utero or any foal produced by a breeding at VA to secure all obligations and amounts due under this or any contract with VA or any of its affiliates. VA may, at any time until all amounts due hereunder are fully paid, file a photocopy of this contract in the county and state in which it believes the horse(s) to be kept, or where, the Client resides, and when so filed the copy shall be effective as a financing statement as well as the Security agreement. If, at any time, Client's balance is unpaid for thirty (30) days, or Client is otherwise in default of this or any other contract with VA or any of its affiliates, VA Boarding and/or Training Contract Page 5

6 may foreclose its interest in the Horse. Ten (10) days notice shall be deemed reasonable notice of any foreclosure sale. XIV. BREACH OF CONTRACT Should one party breach this Contract, that party shall be responsible for all attorney's fees and their expenses related to such breach. XV. ACCEPTANCE This Contract is not effective until approved and executed by VA, which reserves the right to reject any Horse at its sole discretion and to return any unruly horse at Client's expense. XVI. VENUE This Contract is governed by and shall be construed under the laws of the State of California and venue shall be in the County of San Luis Obispo. This Contract shall in all respects bind and inure to the heirs, executors, administrators, successors and assigns of the parties. This Contract is made, entered into and is to be performed in Arroyo Grande, California and is effective the date shown above. A copy of this fully executed agreement is available to Client upon request. Client signature Date Varian Arabians (agent) Date This entire document is protected by copyright law for Varian Arabians. Any use or reuse, in part or in whole shall be in violation of United States Copyright Law. Boarding and/or Training Contract Page 6